Pardoning Power of President Under Article 72 has been described in the post.
Pardoning Power of President: The Indian Constitution grants the President of India, the power to grant pardons, reprieves, respites or remissions of punishment or to suspend, remit or commute the sentence of any person convicted of any offence. This power of President is provided under Article 72 of the Constitution of India. This power of President is an essential power vested in the executive branch of the government. It is designed to correct any errors in the judicial system or to provide relief to a convict who may have been wrongly convicted or sentenced. In this article, we will discuss the pardoning power of President under Article 72 of the Constitution of India in detail.
These powers of President refers to the power vested in the President to forgive or reduce the punishment of a convicted person. It is a discretionary power and is exercised by the President on the advice of the Ministry of Home Affairs. The article will further discuss in detail the types of pardon. The readers can refer to this article in order to know the types of pardon under the pardoning power of President.
Article 72 of the Indian Constitution empowers the President to grant pardons, reprieves, respites or remissions of punishment or to suspend, remit or commute the sentence of any person convicted of any offence. The different types of pardoning power under Article 72 are:
In addition to the above types of pardoning power, the President can also suspend the sentence of a person convicted of any offence, thereby putting the sentence in abeyance. The suspension of sentence can be conditional or unconditional, and it can be for a specified period or indefinitely.
This post also deals with when can the pardoning power of President be exercised. The readers can go through this article in order to know when can the pardoning power be exercised. The pardoning power can be exercised under the following circumstances:
The procedure for granting a pardon under Article 72 is as follows:
This power is subject to judicial review. However, the scope of judicial review is limited. The courts can only examine whether the decision was taken in accordance with the procedure prescribed under Article 72 or whether it was based on relevant considerations. The courts cannot question the merits of the decision taken by the President.
In conclusion, the pardoning power of the President under Article 72 of the Constitution of India is a discretionary power that is designed to provide relief to a convict who may have been wrongly convicted or sentenced. It is an essential power vested in the executive branch of the government and is subject to judicial review. The President can grant four types of pardons: pardon, commutation, remission, and respite. The pardoning power of President is exercised on the advice of the Ministry of Home Affairs and is subject to the procedure prescribed under Article 72.
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The pardoning power of President under Article 72 of the Indian Constitution is the power to grant pardons, reprieves, respites or remissions of punishment or to suspend, remit or commute the sentence of any person convicted of any offence.
A pardon is the complete forgiveness of a crime and removes all legal consequences of the crime. Reprieve is a temporary suspension of the sentence of a convicted person, usually for humanitarian reasons. Respite is a temporary postponement of the execution of a sentence in order to provide the convict an opportunity to reform himself. Remission is a reduction of the sentence by the President.
The President can grant pardons to any person convicted of any offence against a Union law, a Central law or an offence that is under the jurisdiction of the Central government.
Yes, the pardoning power of President has been used in India in the past. Some high-profile cases in which the President has granted pardons include the Dhananjoy Chatterjee case and the Kehar Singh case.
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